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Poster: skybandit Date: Mar 9, 2011 10:56pm
Forum: feature_films Subject: Musical Question

The 1974 musical "Son of Dracula" was first released in the US and has NO copyright notice and doesn't show up on the USCO. All but one of the songs were from previously released albums by the star, and that one song was renewed late on the basis of a new piano arrangement. Can this be considered a PD film, or does the fact that it included music from previously released albums void this claim?

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Poster: guyzilla Date: Mar 10, 2011 12:10am
Forum: feature_films Subject: Re: Musical Question

Are you talking about Harry Nilsson? I've been looking for that one since forever. I hope you're saying you have a copy of it, and I do hope it's PD. The music might be an issue, but I hope you can upload it.

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Poster: skybandit Date: Mar 10, 2011 2:55pm
Forum: feature_films Subject: Re: Musical Question

While the film was never officially released on video, a number of tapes were made for friends and associates, and someone has uploaded a rather poor copy on YouTube, so go nuts. I found copyright renewals for most of the songs used, since Nilsson released a soundtrack album to go along with the movie, but the movie seems to be PD.

By all accounts I can find, both the star (Nilsson) and the producer (Ringo Starr) would prefer that this film be forgotten, so I can't see THEM complaining if it's uploaded here. Their lawyers, being anal retentive greedy bastards, may feel differently.


This post was modified by skybandit on 2011-03-10 22:55:22

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Poster: guyzilla Date: Mar 11, 2011 2:09am
Forum: feature_films Subject: Re: Musical Question

Maybe they'll show it on TCM someday.

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Poster: HektorT Date: Mar 10, 2011 11:06am
Forum: feature_films Subject: Re: Musical Question

Music is something where it's very difficult to determine if an underlying copyright prevents the film from being PD. Many movies buy out blanket rights on use of the music in the film. In that case, even if the music is copyrighted separately, while it's used in the film the copyright owner shouldn't be able to claim anything, because even if the film were under copyright the owner wouldn't be entitled to any additional payment. But in this case you can't just use the music separately, because then it is no longer "synchronized" with the film.

Same goes for an underlying story...Just recently in a discussion on the film One Eyed Jacks, videocellar was claiming here that the fact that the film was based on a copyrighted novel meant that it had some copyrighted elements. Then awhile later I found info in several places saying the story rights had been bought for $40,000. So in the case of the film One Eyed Jacks, the underlying, copyrighted, story doesn't prevent the film from being PD.

This film could have the same situation regarding the music, but it could be very difficult for you to know the exact situation.

This post was modified by HektorT on 2011-03-10 19:06:24